MEERA YADAV v. STATE OF U.P. THRU. CHIEF SECY. DEPTT. OF CHILD DEVELOPMENT AND NUTRITION LKO. AND 4 OTHERS
WRIA/4196/2025 · 2025-04-18
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134882 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134882 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21977 Court No. - 18 Case :- WRIT - A No. - 4196 of 2025 Petitioner :- Meera Yadav Respondent :- State Of U.P. Thru. Chief Secy. Deptt. Of Child Development And Nutrition Lko. And 4 Others Counsel for Petitioner :- Satya Prakash Mishra,Brijesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J.
1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the respondents no. 1 to
4. 3. Notice to respondent no.5 is dispensed with in view of the proposed order. 4. By this petition, the petitioner has prayed the following reliefs:-
"(i) Issue a writ order or direction in the nature of Certiorari quashing the impugned order dated 10.03.2025 and 22.03.2025 issued by opposite party no.3 so far as it relates tot he selection of opposite party no.5 in village Pichhutikot (duly contained as Annexure No.1 and 2 tot he present petition). (ii) Issue a writ order or direction in the nature of Mandamus thereby directing and commanding the opposite party no.1 to 4 to reconsider the claim of the petitioner for her selection on the post of Anganwadi worker, selection process of which has been conducted in pursuance of government order dated 21.03.2023 after taken into account of her both income certificates older and new whereby she falls under BPL category. (iii) Issue a writ order or direction in the nature of mandamus whereby directing and commanding the opposite party no.2 to conduct an enquiry for testifying/ verifying the genuineness and authenticity of the income certificate of the opposite party no.5 and then take appropriate action against her and wrongdoer by cancelling her selection on the post of Anganwadi worker of village and post Picchuti, Tehsil Musafirkhana, District Amethi. (iv) To pass such any other suitable order or direction which this Hon'ble Court may deem fit, just and proper in the circumstances of the case. (v) Allow the writ petition along with costs in favour of the petitioner."
5. Learned counsel for the petitioner has assailed the select list contained as Annexure No.1, in which her name does not find
place at serial no. 46 instead the name of one Smt. Sumitra Yadava- respondent no.5, who is shown to have been selected. 6.
Submission of learned counsel for the petitioner is that the petitioner fulfills all the eligibility criteria as required on the post of Aanganwadi Karya Katri and the petitioner is also widow and therefore she should be given the priority according to Government Order dated 21.3.2023. 7. Learned Additional Chief Standing Counsel submits that as per the Government Order dated 21.03.2023 the advertisement for selection on the post of Aanganwadi Karya Katri has been issued on 26.09.2024. A Government Order also requires that while applying income certificate of the incumbents which is issued within six months from the date of advertisement shall be considered and the income certificate should not have been issued beyond the period of six months from the date of advertisement. 8. He submits that admittedly the income certificate of the petitioner has been issued on 14.4.2023, the date of advertisement is 26.9.2024, thus, admitedly the income certificate of the petitioner has been issued prior to six months from the date of advertisement, and thus, the same cannot be considered. 9. To which, learned counsel for the petitioner submits that a perusal of the income certificate shows that this is good and valid for the period of three years from the date of issuance of the income certificate. 10. Perused the record. 11. Considering the specific condition in the Government Order dated 21.03.2023, where it is mandatory for the applicant to submit income certificate issued within six months from the date of advertisement and also the admitted fact of the parties that the income certificate in favour of the petitioner was issued on 14.4.2023, thus has been issued more than six months ago from the date of advertisement, there appears to be no illegality in the case of non selection of petitioner as she does not fulfill the criteria as required for selection. 12. In view of above, the Government Order which lays guideline and procedure for the selection of Aaganwadi Karya Katri, thus the petition is devoid of merit and is dismissed.
Order Date :- 18.4.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench